Security and Defense Policy in the New European Constitution: A Critical Assessment

Abstract

Is the European Union ever going to be a credible actor in international politics? In the aftermath of the war on Iraq, many analysts tend to answer in the negative. But those who are more optimistic about the process of European integration may point to the new EU treaty that is also known as the “European Constitution” as a positive achievement. Besides trying to settle the institutional questions of the enlarged Union for a longer period of time, it represents an attempt to transform and strengthen the Union as an international actor. The EU’s new Constitutional Treaty is historic not only because of its ambitions to serve as a bedrock for the future enlarged Union but also because of its method of preparation. It was drafted in 2002–3 by the European Convention, in which both European institutions as well as national governments and parliaments were represented. The convention submitted a draft that was finalized as usual by the Intergovernmental Conference (IGC) of the member states. The conclusion of the treaty was once imperiled, in December 2003, due to questions mainly related to voting power issues, but it was finally accepted at the European Council meeting in June 2004 by the heads of the twenty-five member states. The treaty needs to be first signed and then ratified before entering into force, which in many EU countries requires a positive vote in a referendum. Regardless of the difficulties the treaty may be facing in the ratification process, it is imperative to analyze its implications for European policy-making. My focus in this essay will be on the foreign and security policy aspects of the constitution. I will argue that the treaty is a step forward, but not as large a step as it could be, since intergovernmentalism and unanimity tend to prevail in foreign and security policy. As a result of political compromises, it also includes a number of contradictions and obscure elements that will not work to its long-term benefit. I will first deal with both the consensual parts of the treaty, such as the solidarity clause and the foreign minister, and pay then special attention to more contested parts of the treaty, namely those of the Euro-